Drug Crimes
in the Czech Republic
The Czech Republic has recently liberalised its cannabis rules, but drug trafficking still carries some of the harshest sentences in the Czech Criminal Code. This guide explains the key offenses, thresholds, and what changed in 2026.
Important — New Cannabis Law in Force from 1 January 2026: Amendment No. 270/2025 Coll. has significantly changed how cannabis is treated under Czech law. Possession of small amounts is now decriminalised in many cases. Home cultivation of up to 3 plants is no longer a criminal offence. However, trafficking and supply offences remain fully criminal and carry sentences of up to 18 years. If you have questions about how the new rules apply to your case, contact us.
Czech drug law uses "greater than small amount" thresholds to distinguish possession from trafficking. Exact amounts matter — even a few grams can change the charge classification significantly.
Czech Drug Thresholds (Excluding Cannabis — See Below)
| Substance | Threshold for personal possession | Trafficking threshold |
|---|---|---|
| Methamphetamine (Pervitin) | > 2 g | > 40 g |
| Heroin | > 1.5 g | > 10 g |
| Cocaine | > 1 g | > 10 g |
| MDMA (Ecstasy) | > 1 g (4 tablets) | > 10 g (40 tablets) |
Amounts above the personal possession threshold may indicate trafficking intent. Amounts above the trafficking threshold trigger aggravated offences. Note: for methamphetamine (pervitin), the possession threshold is 2 g and the large-scale trafficking threshold is 40 g — courts treat even small exceedances seriously. Cannabis thresholds are now governed by the 2026 amendment rather than this table. Thresholds for other substances are set by Government Decree No. 467/2009 Coll. Always consult an attorney before drawing any conclusions from threshold data.
Cannabis — New Rules Since January 2026
- Possession of cannabis up to the personal threshold is treated as an administrative infraction, not a criminal offence.
- Home cultivation of up to 3 cannabis plants is no longer prosecuted as a criminal matter.
- Sale, supply, and trafficking of cannabis remain criminal offences under § 283 of the Criminal Code with sentences of up to 18 years.
- Giving cannabis to a minor remains a serious aggravated offence.
- Import and export of cannabis remain fully prohibited and criminally prosecuted.
- The new rules do not apply retroactively to cases already at trial.
Possession for Personal Use (Přechovávání)
§ 284 Criminal Code
Possessing a narcotic or psychotropic substance in an amount greater than small (větší než malé množství). Simple possession of small amounts may be a misdemeanor only. The Czech Republic has relatively liberal personal-use possession standards, and the 2026 cannabis amendment further narrowed criminal liability for cannabis possession.
Defense angle
- →Challenge amount
- →argue personal use only
- →contest search legality
- →argue addiction/treatment as mitigation.
Drug Trafficking (Nedovolená výroba a jiné nakládání s omamnými látkami)
§ 283 Criminal Code
The main drug trafficking offense — covers production, import, export, transit, sale, and distribution. Even being present during a drug transaction or playing a minor logistical role can lead to prosecution under this section. This is the most serious drug charge in Czech law. The 2026 cannabis liberalisation does not affect trafficking charges.
Defense angle
- →Challenge role and knowledge
- →argue personal use only
- →contest quantity
- →address addiction as mitigating factor
- →examine informant or undercover evidence.
Drug Production (Výroba)
§ 283 Criminal Code
Producing, manufacturing, or cultivating controlled substances. Includes large-scale cannabis cultivation, manufacturing methamphetamine (pervitin), and producing synthetic drugs. Czech police have specialist units for drug lab investigations. Home cultivation of up to 3 cannabis plants is no longer criminal under the 2026 amendment, but any commercial scale cultivation remains prosecuted.
Defense angle
- →Challenge scale of production
- →argue personal cultivation only
- →contest forensic chemistry evidence.
Enabling Drug Use (Šíření toxikomanie)
§ 287 Criminal Code
Inciting, facilitating, or enabling another person to abuse addictive substances — including providing premises, equipment, or encouragement. Can be charged even where no substance is present.
Defense angle
- →Challenge intent
- →argue harm reduction context
- →contest scope of facilitation.
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